Background

For more information on pursuing trade policy interests through the legislative process, please contact Nicole Bivens Collinson at (202) 730-4956 or via email.

Imports. The De Minimis Reciprocity Act (S. 1969, introduced June 14 by Sens. Cassidy, R-La., and Baldwin, D-Wis.) would (1) ban de minimis imports from “untrustworthy countries,” (2) reduce the de minimis threshold for duty-free imports to an amount that matches the one U.S. trading partners use, (3) allow only express carriers to facilitate de minimis imports into the U.S. (to better help stop counterfeits and fentanyl), (4) require more information on every package entering the U.S., and (5) use the revenue proceeds to establish a fund for reshoring industry from China.

The Import Security and Fairness Act (S. 2004, introduced June 15 by Sens. Brown, D-Ohio, and Rubio, R-Fla.; and H.R. 4148, introduced June 15 by Reps. Blumenauer, D-Ore., and Dunn, R-Fla.) would (1) prohibit goods from non-market economies that are on the Priority Watch List from benefitting from de minimis treatment, (2) prohibit importers that have been suspended or debarred from being able to use de minimis treatment, and (3) require U.S. Customs and Border Protection to collect more information on de minimis shipments.

Exports. The Protecting Americans’ Data from Foreign Surveillance Act (S. 1974, introduced June 14 by Sens. Wyden, D-Ore., and Lummis, R-Wyo.; and H.R. 4108, introduced June 14 by Reps. Davidson, R-Ohio, and Eshoo, D-Calif.) would amend the Export Control Reform Act of 2018 to require export controls with respect to certain personal data of U.S. nationals and individuals in the U.S. Specifically, this bill would (1) direct the Department of Commerce to identify categories of personal data that, if exported, could harm U.S. national security, (2) direct the DOC to compile a list of low-risk countries where data can be shared without restrictions and a list of high-risk countries where exports of sensitive data will be blocked, (3) direct the DOC to create a system to issue licenses for data exports to nations not on either list, (4) regulate all exports of personal data by data brokers and firms like TikTok directly to restricted foreign governments, to parent companies in restricted foreign countries, and to persons designated on the Bureau of Industry and Security’s Entity List, (5) exempt from the new export rules data encrypted with NIST-approved technology, (6) ensure that the new export rules do not apply to journalism and other First Amendment-protected speech, and (7) apply export control penalties to senior executives who knew or should have known that employees below them were directed to illegally export Americans’ personal data.

S. 2028 (introduced June 15 by Sen. Rubio, R-Fla.) would authorize expedited approval of applications to export natural gas to certain U.S. allies.

Taiwan. The House Ways and Means Committee unanimously approved June 13 H.R. 4004, which provides congressional approval of the first agreement negotiated under the U.S.-Taiwan Initiative on 21st-Century Trade and requires congressional approval of any future trade agreements with Taiwan.

China.  The Senate Foreign Relations Committee amended and approved June 13 S. 308, which aims to prevent the granting of “developing nation” status to China in future treaties and international organizations and directs the State Department to pursue changing the status of China to “developed nation” in treaties or organizations where a mechanism for change exists. 

Russia. The U.S.-Russian Federation Seafood Reciprocity Act (S. 2011, introduced June 15 by Sen. Sullivan, R-Alaska; and H.R. 4165, introduced June 15 by Reps. Graves, R-La., and Peltola, D-Alaska) would prohibit the importation of seafood and seafood products from Russia. A March 2022 executive order prohibits imports of unaltered seafood originating in Russia but this bill would also block Russian seafood that has been substantially transformed in another country through reprocessing.

Trade Preferences. S. 1926 (introduced June 12 by Sen. Menendez, D-N.J.) would make Uruguay eligible for designation as a beneficiary country under the Caribbean Basin Economic Recovery Act.

Customs. H.R. 4023 (introduced June 12 by Rep. Ezell, R-Miss.) would strengthen the requirements relating to advance electronic information for cargo.

The Senate Homeland Security Committee favorably reported June 14 the Non-Intrusive Inspection Expansion Act (S. 1822), which would require CBP to (1) scan at least 40 percent of passenger vehicles and at least 90 percent of commercial vehicles entering the U.S. at land ports of entry with NII technology by the end of fiscal year 2026 and (2) increase its use of NII systems for outbound scanning of vehicles.  

Supply Chains. The Supply Chain Security Act (H.R. 4029, introduced June 12 by Rep. Hern, R-Okla.) would allow U.S. multinational companies to elect out of foreign tax credit regulations issued by the Treasury Department in December 2021, which Hern said risk subjecting those companies to double taxation and discourage investment in crucial supply chain markets.

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